Defect Liability Period: Mohd Zaki Shamsudin at MD Noor BSB 315 Asset and Space Management
Defect Liability Period: Mohd Zaki Shamsudin at MD Noor BSB 315 Asset and Space Management
Defect Liability Period: Mohd Zaki Shamsudin at MD Noor BSB 315 Asset and Space Management
WHAT IS DLP?
Period of 18 -24 months for contractor to received the complain of all the defects works. Contractor given 3 months to carry out all the defects work. The Architect will issuance the CMGD after satisfied with all the remedies defect works. The developer will released the 5% retention bond to the contractor.
PAM 98 Cl 15 Practical Completion & Defect Liability IEM/JKR 203 Cl 45 Defect Liability and Making Good CIDB 2000 Cl 27 Defect Liability after Completion
DEFINITION
Defect : The defect or defective works is where the standard and quality of workmanship and material as specified in the contract is deficient Liability : An amount owed or subject to legal obligation, the state of one who is bound in law and justice to do something which may be enforced by law. Or commits a wrong or break on a contract or trust is said to be liable or responsible for it.
CLASSIFICATION OF DEFECTS
Patent Defect : The defect that can be discovered by normal examination or testing. Its discoverable in a structure that is apparent to reasonable inspection i.e roof leak, foundation crack. Normally, defect are readily apparent to the naked eye and are therefore capable of being assessed and measured relatively easily and ractified.
Latent Defect : The defect that are not discovered by normal examination or testing which manifests itself after a period of time. Its is something that is not easily discoverable and only become apparent at some later date or upon investigation of some consequential effects caused by the defect.
CONSTRUCTION DEFECTS
Construction defects are inevitable in construction project delivery and are usually contentious between the employer and the contractor / subcontractor. It is the unacceptable quality of a project which can be identified and remedied. Its also means as work which fell short of complying with the express description or requirement of the contract, especially any drawing or
Specification together with any implied term and condition as to its quality, workmanship, durability, aesthetic, performance or design.
Therefore, the project face the defect work generally result in structure that cannot perform their originality intended roles.
DUTIES OF CONTRACTOR
i.
ii.
In construction contract, contractor undertaking to do work and supply materials implies undertakes: To do the work undertaken with care and skill or as sometimes expressed in a workmanlike a manner To use material of good quality. The materials described expressly this will mean good of their express free from defect
iii That both the workmanship and material will be reasonably fit for the purpose for which they are required unless the circumstances of the contract exclude any such obligation.
Issuance of the certificates bring the contractors obligation to an end and only defects due to workmanship and materials not in accordance with the contract are required to be made good at the contractor cost.
CERTIFICATES
CPC : Certificate Practical Completion (Architect) CCC : Certificate Completion & Compliance (Architect) CNC : Certificate Non Completion CMGD : Certificate Making Good Defect (Architect /LA) CF/OC : Certificate of Fitness / Occupied Certificate (Local Authorities)
TUTORIAL QUESTIONS
Differentiate the Defect Liability Period clause where by stated in PAM/JKR/CIDB Standard Form of Contract. Summarize the post construction period which show every stage of issuance of certificates.